2007 ORS
18.428¹

Exemption for manufactured dwellings and floating homes

(1) Except as otherwise provided by law, a manufactured dwelling or floating home and the property upon which the manufactured dwelling or floating home is situated are exempt from execution and from liability in any form for the debts of the owner to the value of $23,000 if the manufactured dwelling or floating home is the actual abode of and occupied by the owner, or by the spouse, parent or child of the owner, the manufactured dwelling or floating home is occupied as a sole residence and no other homestead exemption exists. When two or more members of a household are debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section may not exceed $30,000. The exemption shall be effective without the necessity of a claim thereof by the judgment debtor.

(2) The exemption provided for in subsection (1) of this section is not impaired by temporary removal or absence with the intention to reoccupy the manufactured dwelling or floating home as a home, nor by the sale thereof, but shall extend to the proceeds derived from such sale up to $23,000 or $30,000, whichever amount is applicable under subsection (1) of this section, while the proceeds are held for a period not exceeding one year and with the intention to procure another homestead with those proceeds.

(3) Upon the issuance of an order authorizing sale as required by ORS 18.904 (Order required for sale of residential property), the sheriff may proceed to sell the premises and, if the homestead exemption applies, out of the proceeds pay the owner the sum of $23,000 or $30,000, whichever amount is applicable under subsection (1) of this section, and apply the balance of the proceeds on the execution. However, no sale shall be made where the homestead exemption applies unless the sum bid for the property is in excess of the sum of the costs of sale and $23,000 or $30,000, whichever amount is applicable. If no such bid is received, the expense of the sale shall be borne by the petitioner.

(4) The provisions of subsections (1), (2), (3) and (7) of this section do not apply to:

(a) Construction liens for work, labor or material done or furnished exclusively for the improvement of the manufactured dwelling or floating home;

(b) Purchase money liens;

(c) Mortgages;

(d) Executions issued on a judgment recovered for the purchase price; or

(e) The enforcement of a seller’s rights under a land sale contract, as defined in ORS 18.960 (Definitions).

(5) If a debtor owns a manufactured dwelling or floating home but not the property upon which the manufactured dwelling or floating home is situated, subsections (1), (2), (3) and (4) of this section apply, but the value of the debtor’s interest exempt from execution and liability may not exceed $20,000 for an individual debtor, or $27,000 when two or more members of a household are debtors whose interests in the homestead are subject to execution or liability in any form.

(6) When the owner of a homestead under this section has been granted a discharge in bankruptcy or has conveyed the property, the value thereof, for the purpose of determining a leviable interest in excess of the homestead exemption, shall be the value on the date of the petition in bankruptcy, whether the value is determined in the bankruptcy proceedings or not, or on the date the conveyance becomes effective, whichever shall first occur.

(7) Except as provided in subsection (9) of this section, a manufactured dwelling or floating home, and the property upon which the manufactured dwelling or floating home is situated, that is the actual abode of and occupied by the judgment debtor, or that is the actual abode of and occupied by a spouse, dependent parent or dependent child of the judgment debtor, may not be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. The judgment shall remain a lien upon the real property owned by the judgment debtor and upon which the manufactured dwelling or floating home is situated, and the manufactured dwelling or floating home and real property upon which the manufactured dwelling or floating home is situated may be sold on execution:

(a) At any time after the sale of the manufactured dwelling or floating home by the judgment debtor, or the sale of the real property on which the manufactured dwelling or floating home is situated by the judgment debtor; or

(b) At any time after the manufactured dwelling or floating home is no longer the actual abode of and occupied by the judgment debtor or the spouse, dependent parent or dependent child of the judgment debtor.

(8) The limitation on execution sales imposed by subsection (7) of this section is not impaired by temporary removal or absence with the intention to reoccupy the manufactured dwelling, floating home and property as a home.

(9) The limitation on execution sales imposed by subsection (7) of this section does not apply if two or more judgments are owing to a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment was entered, is greater than $3,000.

Notes of Decisions

Under this sec­tion possessory interest in land until op­tion was exercised or lapsed was interest to which homestead exemp­tion would attach. Troutman v. Erlandson, 44 Or App 239, 605 P2d 1200 (1980)

Occupancy of prop­erty as sole residence by child of owner less than one year prior to date of creditor's peti­tion is not grounds for exemp­tion. Salchenberg and Salchenberg, 126 Or App 338, 868 P2d 772 (1994), Sup Ct review denied

Determina­tion of leviable interest at date of bankruptcy is pertinent only if prop­erty continues to be homestead on date of creditor's peti­tion. Salchenberg and Salchenberg, 126 Or App 338, 868 P2d 772 (1994), Sup Ct review denied

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